| (iv) non-cash value of labor and equipment necessary
to install each individual item of material if performed by the local
government or donor;
(v) cost of installing each individual item of material
if performed by the department; and
(vi) non-cash value of the project design plan if furnished
by the local government or donor, provided the maximum acceptable
non-cash value of furnishing the project design plan, based upon the
selected project cost, including project establishment and maintenance
for highway landscaping projects and excluding project establishment
and maintenance for pedestrian landscaping projects, shall not exceed
8.5% for projects up to and including $200,000, and 7.5% for projects
greater than $200,000.
(e) Amount of departmental participation.
(1) Highway landscaping projects within the existing
city limits of a city. The department, after approving the project
under general, site, and design considerations, will participate in
up to 50% of the total cost of the project including project establishment
and maintenance, and preparation of the project design plan.
(2) Pedestrian landscaping within the existing city
limits of a city. The department, after approving the project under
general, site, and design considerations, will participate by furnishing
material only up to but not exceeding 50% of the total cost of project
development, excluding project establishment and maintenance and the
preparation of the project design plan.
(3) Highway landscaping projects outside the existing
city limits of a city. The department, after approving the project
under general, site, and design considerations, will participate in
up to 50% of the total project development, establishment, maintenance
and design cost.
(4) Pedestrian landscaping projects outside existing
city limits. Unless otherwise approved, the department will not participate
in the cost of these projects under the Program.
(f) Agreement.
(1) If the proposed project as submitted under subsection
(c) of this section is approved by the department, the local government
or donor shall enter into a written agreement with the department
providing participation in the Program. The agreement becomes effective
when finally executed by the department and shall terminate upon satisfactory
completion of the work as stipulated within the agreement. Work on
any phase of the project may not begin until the agreement is fully
executed by both parties.
(2) The agreement shall be in the form prescribed by
the department and shall at a minimum include the following terms.
(A) The project design plan shall consist of plans,
sketches, drawings, notes, estimates, and specifications as required
by the department.
(B) Any changes to the agreement shall be enacted by
written amendment.
(C) The parties shall not assign or otherwise transfer
their obligations under this agreement except with prior written consent
of the other party.
(D) The project design plan shall be subject to the
review and satisfactory approval by the department prior to a departmental
bid opening.
(E) Violation or breach of contract terms shall be
grounds for termination of the agreement by the department. In the
event of disputes as to obligations under the agreement, the department's
decision shall otherwise be final and binding.
(F) The local government or donor and its contractors,
if any, shall to the extent provided by law, furnish certificates
of insurance, guarantees of self-insurance if appropriate, and indemnification
as may be prescribed by the department.
(G) The department, at the local government's or donor's
expense, shall provide, erect, and maintain any barricades, signs,
and traffic handling devices necessary to protect the safety of the
travelling public while performing any work on the project. The department
in its discretion may allow the local government to provide, erect,
and maintain barricades, signs, and traffic handling devices required
to comply with this subparagraph.
(H) The department's employees shall not accept any
benefits, gifts, or other thing reasonably regarded as economic gain
or advantage.
(3) The agreement shall include the funding arrangement
and payment schedule.
(g) General limiting conditions and eligibility. Because
of administrative, legislative, and financial constraints, the Program
shall be subject to the following terms.
(1) The department will consider such factors as width
of right-of-way, geometrics, congestion, sight-distance, and maintenance
requirements in determining the acceptability and/or amount of departmental
participation in any proposed project.
(2) The department will not erect or replace a sign
announcing participation in the Program, unless the local government
or donor pays the cost of manufacturing and erecting the sign. The
cost of manufacturing and erecting the sign will not be included as
a portion of the local government's or donor's contribution toward
the project.
(3) Work under the Program shall not be combined with
any other landscape-related programs sponsored by the department.
(4) If any actions are determined to be contrary to
any legislative restrictions or any restrictions on the use of appropriated
funds for political activities, the department shall have the right
to take any and all necessary remedial actions, including, but not
limited to, the removal of the signs displaying the local governmental
entity's or donor's name.
(h) Modification/termination of agreement. The agreement
as cited in subsection (f) of this section may be modified in any
manner at the sole discretion of the department.
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